[Amended 2-21-1984 by Ord. No. 84-03]
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations, and corporations who have
interests of record in a building and any who are in actual possession
thereof and any record holders of any lien against a building.
PUBLIC OFFICER
The Chief Inspector within the Division of Code Enforcement
within the Department of Public Safety of the City of Englewood.
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the City, and the municipality
may exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to the procedures set forth in this chapter.
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such a building which are dangerous or injurious to the health
or safety of the occupants of such buildings, the occupants of neighboring
buildings or other residents of the City of Englewood. Such conditions
shall be deemed to include the following (without limiting the generality
of the foregoing): defects therein increasing the hazards of fire,
accident, or other calamities; lack of adequate ventilation, light,
or sanitary facilities; dilapidation; disrepair; structural defects;
uncleanliness; failure to comply with the requirements of the Building
Code or the certificate of occupancy.
[Amended 2-21-1984 by Ord. No. 84-03]
Complaints or orders issued by a public officer pursuant to
this chapter shall be served upon parties in interest either personally
or by registered mail, ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect; then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the municipality or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record with the Clerk of Bergen County.
[Amended 2-21-1984 by Ord. No. 84-03]
Any person aggrieved by an order by a public officer under this
chapter may, within 30 days after the posting and service of such
order, bring an action for injunctive relief to restrain the public
officer from carrying out the provisions of the order and for any
other appropriate relief. The court may proceed in the action in a
summary manner or otherwise. The remedy herein provided shall be exclusive,
and no person affected by an order of the public officer shall be
entitled to recover any damages for action taken pursuant thereto,
or because of noncompliance by any person with any order of the public
officer.
In addition to those powers hereinabove granted, the public
officer may exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following powers:
A. To investigate the building conditions in the City of Englewood in
order to determine which buildings therein are unfit for human habitation
or occupancy or use;
B. To administer oaths, affirmations, examine witnesses and receive
evidence;
C. To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
D. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter; and
E. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.